In the Matter of the Application of Ardila McMillan

Motion No: M-2631

Slip Opinion No: 2018 NYSlipOp 81354(U)

Decided on August 23, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

August 23, 2018

In the Matter of the Application of

Ardila McMillan,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, v

New York City Housing Authority,

Respondent-Respondent.

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, entered on or about April 20, 2017, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, for the assignment of counsel, and for related relief (M-2824), And respondent-respondent having cross-moved for leave to dismiss the aforesaid appeal (M-2631), Now, upon reading and filing the papers with respect to said motion and cross motion, and due deliberation having been had thereon, It is ordered that respondent's cross motion (M-2631) to dismiss is granted unless petitioner perfects said appeal on or before October 1, 2018 for the December 2018 Term. Petitioner's motion (M-2824) is granted to the extent of enlarging the time to perfect the appeal to said December 2018 Term under the aforementioned condition. That branch of petitioner-appellant's motion for poor person relief is granted to the extent that the appeal is to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. So much of petitioner's motion which seeks the assignment of counsel is denied. ENTERED: August 23, 2018

_____________________ DEPUTY CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom Ellen Gesmer, Justices

M-2631

M-2824

Index No. 100405/16